RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 August 2005
      DOCKET NUMBER:  AR20040009919


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the Air
Medal.

2.  The applicant states that he received the Air Medal and accompanying
certificate and citation in the mail when he returned to the United States
in May of 1970.  However, it was not until he joined the Vietnam Veterans
of America in the 1980s that he noticed that the Air Medal is not reflected
on his DD Form 214.

3.  The applicant provides color copies of the Air Medal Certificate and
Air Medal Citation, awarding him the Air Medal for meritorious achievement
during the period May 1969 to March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 18 June 1971.  The application submitted in this case is dated
14 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted in the Regular
Army on 23 June 1968 and completed training in Military Occupational
Specialty 35N20 (Avionics Flight Control Equipment Repairman).  He was then
assigned to Vietnam where he served from 12 May 1969 to 21 April 1970 with
the 15th Transportation Battalion, 1st Cavalry Division (Airmobile).  The
applicant then returned to Fort Stewart, Georgia where he completed his
enlistment and was honorably separated from active duty in pay grade E-5 on
18 June 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal; the National Defense Service Medal; the Army Commendation Medal; the
Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Expert
Marksmanship Badge with Rifle Bar; and, two overseas service bars.  No
other awards or decorations are listed.
5.  The applicant’s personnel records show that he served in the 1st
Cavalry Division throughout his entire tour of duty in Vietnam.  According
to the certificate provided by the applicant in support of his request, he
was awarded the Air Medal for meritorious achievement while participating
in aerial flight during the period May 1969 to March 1970.  The certificate
was signed on 8 April 1970 by Major General E. B. Roberts, commanding
general of the 1st Cavalry Division, and reflects the signature of Stanley
R. Resor, Secretary of the Army.  However, copies of orders announcing the
award were not in records available to the Board.

6.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited twice for award of the Meritorious Unit
Commendation.  The first citation was for the period 1 June 1968 to 30
November 1969 by Department of the Army General Orders Number 2, dated
1971.  The second citation was for the period 1 January 1970 to 31 January
1971 by Department of the Army General Orders Number 43, dated 1972.  This
document also shows that the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 to 1 February 1970 by Department of the Army General Orders
Number 42, dated 1972.

9.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf
cluster is issued to denote award of a second and succeeding awards of
decorations (other than the Air Medal) and unit awards.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to
all members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or more.
Qualifying service outside the geographical limits of the Republic of
Vietnam required the individual to provide direct combat support to the
Republic of Vietnam Armed Forces.  Individuals who had qualified for award
of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and
were evacuated prior to completing six months of service due to wounds
resulting from hostile action were entitled to award of the Vietnam
Campaign Medal.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Tet 69 Counteroffensive; Vietnam Summer-Fall
1969; and, Vietnam Winter-Spring 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant’s records awarding him the Air
Medal.  However, his award certificate is signed by the appropriate
commander and Secretary of the Army, and the date of the award coincides
with his dates of service in Vietnam.  The fact that other awards were also
omitted from his separation document could explain the absence of the Air
Medal from that document.  In the absence of orders, or evidence to the
contrary, there is sufficient evidence to accept the applicant’s award
certificate as authentication of entitlement to the Air Medal, and in the
interest of justice it would be appropriate to add the decoration to his
separation document at this time.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 21 June 1968 to 18 June
1971.  Therefore, he is entitled to correction of his records to show this
award.

3.  General Orders show that the applicant is entitled to the Meritorious
Unit Commendation with one oak leaf cluster.  Therefore, he is entitled to
correction of his records to show this unit award and appurtenance.
4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant is entitled to award of the
Vietnam Campaign Medal.  Therefore, he is entitled to correction of his
records to show this foreign award.

6.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result, he is
entitled to award of three bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.

BOARD VOTE:

____kan_  ____wdp_  _____mt_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of:

      a. the Air Medal;

      b. the first award of the Good Conduct Medal, for the period 21 June
1968 to 18 June 1971;

      c. the Meritorious Unit Commendation with First Oak Leaf Cluster;


      d. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;

      e. the Vietnam Campaign Medal; and,

      f. three bronze service stars, to be affixed to the Vietnam Service
Medal.




            ____Kathleen A. Newman_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009919                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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